SANDEEP KUMAR AGGARWAL Vs. ARCHANA AIRWAYS LIMITED

JUDGEMENT

(1.) This application was filed alongwith the Suit and seeks an order restraining Defendants' and 2 from invoking/encashing the Bank Guarantee dated 26.3.1996 issued by Defendant No. 3 in favour of Defendant No. 1 and for restraining Defendant No. 3 from realising the amount against it. The suit is for recovery of Rs. 6,79,500.00 (Rs. Six Lakh Seventy Nine thousand Five hundred only) and for mandatory and permanent injunction.

(2.) The facts relevant for disposing of the application are that Defendant No. 1 agreed to firstly train the Plaintiff, and thereafter employ him on their rolls as a co-pilot of the Defendant (Archana Airways Ltd.). The Plaintiff had paid Rs. 2 lakhs to the said defendants being the cost of the training which the said Defendant undertook to impart to the Plaintiff. Apart from this sum the Defendants had also demanded that the Plaintiff should furnish a Bank Guarantee for Rs. 3,00,000.00 (Rs. Three lakhs only) so as to ensure/secure that the Plaintiff would serve the said Defendants for a period of five years (later on increased to ten years).

(3.) The Plaintiffs case is that due to the default off the part of these Defendants the training could not be completed whereas the Plaintiff has alleged that the training was deliberately not completed within the stipulated time. The Plaintiff has denied that he was ever informed to report to the Airport office on 28.4.1998 for undertaking a short refresher test, as contemplated by the agreement subsisting between the parties. It was his contention that the Bank Guarantee was to come into force only for the date of employment and that since the employment did not commence, there was no justification for its invocation.